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12. USAGE OF SECTIONS, EXCLUSIVE USE AREAS, COMMON PROPERTY AND RELATED MATTERS
(1) An owner or occupier shall, subject to Section 44(1)(g) of the Sectional Titles Act, No 95 of 1986, use his section for residential purposes only. (a) An occupier to whom an exclusive use area has been allocated shall have the sole and exclusive use of such area. (b) Sections originally designated as “maid’s rooms” cannot be leased for residential purposes, since they have been deemed unsuitable for human habitation, and thus can only be used for storage. (2) An owner or occupier may use and enjoy the common property, provided that: - (a) No law, or Management Rule or Conduct Rule is contravened; (b) Such usage will be at his own risk; (c) Such usage does not infringe unfairly upon the rights of other owners or occupiers; (d) Such usage does not cause a nuisance to any other owner or occupier; (e) The Directives imposed by the trustees are adhered to. (3) An owner or occupier shall not: - (a) Interfere with an owner or occupier engaged in the legitimate use of the communal facilities or the common property; (b) Break, damage or dirty any part of the common property or any asset of the body corporate; (4) All persons will enter the premises at their own risk. The body corporate shall not be liable for any injury, loss or damage of any description that any person may sustain, physically or to his property directly or indirectly, in or about the common property, its amenities or in the individual sections or for any act done or for any neglect on the part of the body corporate or any of the body corporate’s employees, agents or contractors. (5) The body corporate shall not be liable or responsible for the receipt or non-receipt and delivery or non-delivery of goods, postal matter or any other property. (6) An owner or occupier may not damage, remove any shrub, tree, plant or flower from the garden areas on the common property, without the prior written consent of the trustees. |
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